20110425min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

APRIL 25, 2011 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander, Mack Redford, and Marsha Smith.

Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETING on Monday, April 18th, 2011. The Commission voted unanimously to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Bryan Lanspery's April 22, 2011 Decision Memorandum re: PacifiCorp Tariff Compliance Filing.3. Carolee Hall's April 20, 2011 Decision Memorandum re: CenturyTel of Idaho, Inc. ("CenturyLink") Tariff Advice 11-02 Requesting Authority to Revise Tariff Pages that List the Trade Names, Trade Marks and Service Marks Used by the Company.4. Carolee Hall's April 20, 2011 Decision Memorandum re: CenturyTel of the Gem State, Inc. ("CenturyLink") Tariff Advice 11-02 Requesting Authority to Revise Tariff Pages that List the Trade Names, Trade Marks and Service Marks Used by the Company.5. Don Howell's April 21, 2011 Decision Memorandum re: Revision of the BPA Settlement Agreement, BPA Docket No. REP-12.6. Grace Seaman's April 22, 2011 Decision Memorandum re: Qwest Corporation's Application for Approval of a Type 2 Wireless Agreement with United States Cellular Corporation, Case No. QWE-T-11-05.7. Joe Leckie's April 21, 2011 Decision Memorandum re: Approval of an Interagency Agreement with the Office of Energy Resources for Assistance in Preparing the Commission's Zero Based Budgeting Process.8. Weldon Stutzman's April 20, 2011 Decision Memorandum re: Idaho Power's Application for a Prudency Determination of 2010 Energy Efficiency Rider Expenditures, Case No. IPC-E-11-05.
There was no discussion and Commissioner Redford made a motion to approve the Consent Agenda in its entirety. The Commission voted unanimously to approve Staff’s recommendations for items 2 through 8 on the Consent Agenda.

The next order of business was MATTERS IN PROGRESS:
9. Grace Seaman's April 22, 2011 Decision Memorandum re: 2010 Idaho Telephone Service Assistance Program Annual Report, Case No. GNR-T-11-03.
Ms. Seaman reviewed her Decision Memo. There was no discussion and Commissioner Smith made a motion to approve the 2010 Annual Report of the Idaho Telephone Service Assistance Program and increase the surcharge rate from $0.06 to $0.07 per access line effective June 1, 2011. A vote was taken on the motion and it carried unanimously.10. Discussion re: Idaho Power's Two Applications for a Determination Regarding Power Purchase Agreements with Grouse Creek Wind Park and Grouse Creek Wind Park II; Grouse Creek's Motion to Set Time for Oral Argument; Commission Staff's Answer to Motion for Oral Argument; and Idaho Power's Answer to Motion for Oral Argument, Case Nos. IPC-E-10-61 and IPC-E10-62.
Ms. Sasser reviewed the filings in the cases to date. Commissioner Redford stated that Oral Argument might be in order to clearly set forth all the dates as well as the other issues. He urged the Commission to set a time for Oral Argument.
Commissioner Smith asked the parties whether there are legal issues that require oral argument, which is generally the reason for oral arguments, as opposed to just factual issues.
Donovan Walker, counsel for Idaho Power Company, stated that Idaho Power’s primary objection to oral argument is that the request is based on factual disputes in the record, and oral argument is not the proper forum. He said the Commission is quite capable of going through the record and determining the facts on its own.
Commissioner Smith asked Mr. Walker if he was responding with a “no” to her question, and Mr. Walker confirmed that was correct.
Peter Richardson, counsel for Grouse Creek Wind Park LLC and Grouse Creek Wind Park II, LLC, stated that the case is being processed by modified procedure, and there is some confusion as to the issues, and in order for the Commission to have a clear record, engaging in the give and take of an oral argument would be appropriate.
Commissioner Smith asked Mr. Richardson if his response was a “yes,” there are contested legal issues, or was it a “no,” these are factual disputes. Mr. Richardson replied that to the extent modified procedure may or may not be appropriate, given the confusion on the facts, then perhaps there is a legal question whether or not modified procedure is appropriate.
Commissioner Redford stated that while he believed oral argument for legal reasons only is appropriate, it is also very appropriate and sometimes even more appropriate that we have oral argument to set forth any issues, factual or legal, that may come up. He stated this case has enough factual issues to warrant oral argument, and he would so move.
The Commission voted on the motion, with Commissioner Redford voting in favor of holding an oral argument and Commissioners Kjellander and Smith voting in opposition. The motion did not carry so there will be no oral argument scheduled.11. Kristine Sasser's April 20, 2011 Decision Memorandum re: Update to PacifiCorp's PURPA Avoided Cost Rates to Incorporate New Utility Costs of Capital.
Ms. Sasser reviewed her Decision Memo. There was no discussion. Commissioner Kjellander made a motion to incorporate PacifiCorp’s PURPA avoided cost rates for the new cost of capital figures established in the Company’s recent general rate case. A vote was taken on the motion and it carried unanimously.
FULLY SUBMITTED MATTERS:
12. Deliberation re: Idaho Power Company's Request for Acceptance of Its 2011 Retirement Benefits Package, Case No. IPC-E-10-25. [Weldon Stutzman, Attorney]
Commissioner Kjellander stated that item 12 would be deliberated privately.
There was no further business before the Commission and Commissioner Kjellander adjourned the meeting.

___________________________________ ______________________________ COMMISSION SECRETARY DATE OF APPROVAL

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